Tenants: Documents & Deadlines to Fight Eviction in Germany
Tenants in German cities often face time pressure when an eviction case is imminent. This article clearly explains which documents, evidence and deadlines you should secure in Germany, how to attend hearings at the local court and which forms matter. I describe practical steps: tenancy agreement, proof of payments, correspondence with the landlord, photos of defects and witness statements. I also answer how service of termination works and when contesting or reducing rent may be appropriate. The goal is that you as a tenant recognise your rights, meet deadlines and can defend an eviction case in a factual manner.
Important Documents & Evidence
Collect all documents in an organised way so you can quickly prove events to the local court. Pay attention to dates and proof of service.
- Copy of the tenancy agreement, including all amendments and attachments.
- Proofs of payment (transfers, receipts, bank statements) for rent and deposit.
- Correspondence with the landlord by letter or e-mail (date and content clearly visible).
- Photos or videos of defects (date in filename or accompanying note) and any defect notifications to the landlord.
- Names of witnesses and brief notes on what witnesses saw or heard.
Deadlines and Appointments
Deadlines often determine the outcome: check dates of service and summons carefully. Fundamental procedural rules are in the ZPO (Code of Civil Procedure)[2], substantive tenancy law in the BGB provisions[1].
- Watch for deadlines stated in the service of the claim: respond immediately and note the service date.
- Attend court appointments punctually or request a postponement in good time.
- There may be deadlines for submitting evidence; ask the competent local court how to file documents.[3]
Forms, Response to Claim and Local Court
A formal response to a claim is usually a written pleading that lists deadlines and evidence; the ZPO regulates the form and filing of written pleadings[2]. The local court (Amtsgericht) of your place of residence is usually responsible for tenancy disputes in the first instance (check the court and address on the justice portal)[3].
Practical examples:
- Statement of defence / response: Submit a written response that includes an overview of evidence (e.g. bank statements, photos).
- Application for extension of time: If delays are unavoidable, file a reasoned request with the court including supporting documents.
How to Submit Evidence Correctly
Courts need comprehensible proof. Label each exhibit briefly and number the attachments in an index.
- Create a numbered index of attachments with date and a short description of each file.
- Submit copies, keep originals secure; only bring originals to the hearing if requested.
- If possible, inform the court in advance by phone about technical questions for filing (e.g. electronic procedures).[3]
FAQ
- What deadline do I have to respond to an eviction claim?
- Respond immediately after service; the exact deadline may vary. Important procedural rules are in the ZPO.[2]
- Which documents are most important?
- Tenancy agreement, payment proofs, correspondence with the landlord, photos of defects and witness names are central.
- Where do I file my responses and evidence?
- At the competent local court of your residence; check filing modalities on the justice portal or by phone.[3]
How-To
- Collect all relevant documents and prepare a numbered index of attachments.
- Check the service date of the claim and note down deadlines from the service.
- Write a response with a clear overview of evidence and a concise statement of your case.
- Contact the local court for filing guidance and request an extension if necessary.
- Attend the court hearing prepared: copies of attachments, a summary, and witnesses if needed.
Help and Support
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Zivilprozessordnung (ZPO) – Procedural rules
- Justice portal: court information and jurisdictions (local court)
